It is well-established by now that the Courts must take liberal view regarding acceptance of request for comparison of signatures / thumb impressions, as there is no express provision.........

 It is well-established by now that the Courts must take liberal view regarding acceptance of request for comparison of signatures / thumb impressions, as there is no express provision in law to decline such request. Moreover, report of the expert will tend to supplement the evidence of either party enabling the Court to reach just and correct decision and pronounce a balanced judgment. Learned Courts below have failed to exercise jurisdiction vested in them under the law on an unjustified ground. The observation of learned Trial Court that this exercise would linger on the proceedings is misconceived as there will be no harm to any party rather it will be appropriate and imperative to reach a just and proper conclusion even at the cost of some delay. It is a right of a party to seek and demand every possible assistance from the Courts of law and to hold him/her responsible only when he or she is found to have acted contrary to law. The interest of justice can only be safely dispensed after the signatures and thumb impressions of aforesaid witnesses are got verified from the expert.

Writ Petition No.6404 of 2020
Aashiq Hussain Versus Fida Hussain & others
Date of hearing: 24.01.2023.